Wilbec Chatswood Pty Ltd v Willoughby City Council (No 2)

[2024] NSWLEC 1263

Land and Environment Court

New South Wales

Medium Neutral Citation:

Wilbec Chatswood Pty Ltd v Willoughby City Council (No 2) [2024] NSWLEC 1263

Hearing dates:

13-15 February 2024, final submissions on conditions filed 14 May 2024

Date of orders:

17 May 2024

Decision date:

17 May 2024

Jurisdiction:

Class 1

Before:

Walsh C

Decision:

The Court orders that:

(1) The applicant’s written request under clause 4.6 of Willoughby Local Environmental Plan 2012, as applicable, relating to a contravention of the development standard for maximum height of buildings is upheld.

(2) The applicant’s written request under clause 4.6 of Willoughby Local Environmental Plan 2012, as applicable, relating to a contravention of the development standard for floor space ratio is upheld.

(3) The appeal is upheld.

(4) Development Application No. DA-2022/240 for demolition of the existing 4-storey residential flat building on a site at 42 Archer Street, Chatswood, and construction of a 26-storey mixed use building comprising community facility uses and 42 residential units (21 x 2 bed; 20 x 3 bed; 1 x 5 bed) over four levels of basement parking is approved subject to the conditions at Annexure A.

(5) The exhibits are returned except for Exhibits 1, A, B, D, E and J, which are retained.

Catchwords:

APPEAL – development application – mixed use development – conditions of consent finalised – final orders made

Cases Cited:

Wilbec Chatswood Pty Ltd v Willoughby City Council [2024] NSWLEC 1234

Category:

Principal judgment

Parties:

Wilbec Chatswood Pty Ltd (Applicant)
Willoughby City Council (Respondent)

Representation:

Counsel:
A Galasso SC (Applicant)
M Wright SC (Respondent)

Solicitors:
Mills Oakley (Applicant)
Maddocks (Respondent)

File Number(s):

2022/343917

Publication restriction:

Nil

JUDGMENT

1. On 3 May 2024, my reasons for judgment in the Class 1 appeal, Wilbec Chatswood Pty Ltd v Willoughby City Council [2024] NSWLEC 1234 were handed down. At [115], I directed the parties to confer and amend the conditions of consent in accordance with the findings documented in my reasons for judgment and to provide a copy to the Court.

2. The parties subsequently provided the Court with a settled set of agreed conditions on 15 May 2024 which they indicate accord with my earlier findings.

3. Having reviewed the conditions of consent provided by the parties on 15 May 2024, I find that they are acceptable.

Orders

I can now make the following orders:

1. The applicant’s written request under clause 4.6 of Willoughby Local Environmental Plan 2012, as applicable, relating to a contravention of the development standard for maximum height of buildings is upheld.

2. The applicant’s written request under clause 4.6 of Willoughby Local Environmental Plan 2012, as applicable, relating to a contravention of the development standard for floor space ratio is upheld.

3. The appeal is upheld.

4. Development Application No. DA-2022/240 for demolition of the existing 4-storey residential flat building on a site at 42 Archer Street, Chatswood, and construction of a 26-storey mixed use building comprising community facility uses and 42 residential units (21 x 2 bed; 20 x 3 bed; 1 x 5 bed) over four levels of basement parking is approved subject to the conditions at Annexure A.   

5. The exhibits are returned except for Exhibits 1, A, B, D, E and J, which are retained.

P Walsh

Commissioner of the Court

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Annexure A

Decision last updated: 17 May 2024